September 11, 2001 : Attack on AmericaS 1510 - Mr. SMITH of New Hampshire submitted an amendment intended to be proposed by him to the bill S . 1510; October 11, 2001

SA 1850. Mr. SMITH of New Hampshire submitted an amendment intended to be proposed by him to the bill S . 1510 , to deter and punish terrorists acts in the United States and around the world, to enhance law enforcement investigatory tools, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in the bill, insert the following:

SEC. __. ENFORCEMENT OF CERTAIN ANTI-TERRORISM JUDGMENTS.

(a) SHORT TITLE.--This section may be cited as the ``Justice for Victims of Terrorism Act''.

(b) DEFINITION.--

(1) IN GENERAL.--Section 1603(b) of title 28, United States Code, is amended--

(C) by striking ``(b)'' through ``entity--'' and inserting the following:

``(b) An `agency or instrumentality of a foreign state' means--

``(1) any entity--''; and

(D) by adding at the end the following:

``(2) for purposes of sections 1605(a)(7) and 1610 (a)(7) and (f), any entity as defined under subparagraphs (A) and (B) of paragraph (1), and subparagraph (C) of paragraph (1) shall not apply.''.

(2) TECHNICAL AND CONFORMING AMENDMENT.--Section 1391(f)(3) of title 28, United States Code, is amended by striking ``1603(b)'' and inserting ``1603(b)(1)''.

(c) ENFORCEMENT OF JUDGMENTS.--Section 1610(f) of title 28, United States Code, is amended--

(1) in paragraph (1)--

(A) in subparagraph (A) by striking ``(including any agency or instrumentality or such state)'' and inserting ``(including any agency or instrumentality of such state), except to the extent of any punitive damages awarded''; and

(B) by adding at the end the following:

``(C) Notwithstanding any other provision of law, moneys due from or payable by the United States (including any agency or instrumentality thereof) to any state against which a judgment is pending under section 1605(a)(7) shall be subject to attachment and execution with respect to that judgment, in like manner and to the same extent as if the United States were a private person, except to the extent of any punitive damages awarded.''; and

(2) by striking paragraph (3) and adding the following:

``(3)(A) Subject to subparagraph (B), upon determining on an asset-by-asset basis that a waiver is necessary in the national security interest, the President may waive this subsection in connection with (and prior to the enforcement of) any judicial order directing attachment in aid of execution or execution against any property subject to the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations.

``(B) A waiver under this paragraph shall not apply to--

``(i) if property subject to the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations has been used for any nondiplomatic purpose (including use as rental property), the proceeds of such use; or

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``(ii) if any asset subject to the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations is sold or otherwise transferred for value to a third party, the proceeds of such sale or transfer.

``(C) In this paragraph, the term `property subject to the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations' and the term `asset subject to the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations' mean any property or asset, respectively, the attachment in aid of execution or execution of which would result in a violation of an obligation of the United States under the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations, as the case may be.

``(4) For purposes of this subsection, all assets of any agency or instrumentality of a foreign state shall be treated as assets of that foreign state.''.

(d) EFFECTIVE DATE.--The amendments made by this section shall apply to any claim for which a foreign state is not immune under section 1605(a)(7) of title 28, United States Code, arising before, on, or after the date of the enactment of this Act.

(e) PAYGO ADJUSTMENT.--The Director of the Office of Management and Budget shall not make any estimates of changes in direct spending outlays and receipts under section 252(d) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 902(d)) for any fiscal year resulting from the enactment of this section, or any amendment made by this section.